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Legacy Cases – The Final Chapter? For those not familiar with the issue, back in 2012, Canada radically reformed our refugee system in a number of ways including changes affecting who hears refugee claims and perhaps most significantly reducing the wait times for such cases to be heard. Cases at that time were taking anywhere…Learn More

The Trumpist Contagion? The sequence of facts I am about to reveal sounds so far fetched, so Orwellian in its bureaucratic absurdity that one would assume I am either writing a piece of fiction or describing a sequence of events in some far off dysfunctional country in Africa or the Middle East. Sadly, this…Learn More

Introduction of New Law Legacy Claims – The forgotten Refugees – UPDATE It has now been about 18 months since the Liberals came to power with the promise of unwinding some of the more Draconian Immigration amendments which were introduced by the former Harper government. In July 2016, I published an article on the status…Learn More

Immigration Minister Hussen must take immediate steps to un-designate the U.S. as a Safe Third Country! Canada’s refugee law is premised on the idea that Canada provides protection to those who have no other place to receive protection. On the basis of this philosophy it follows that if a refugee passes through a “safe” country…Learn More

Best Small Public Spaces #7 Ryerson Community Park Clients seeking to immigrate to Canada often ask me why they should choose Toronto. In response to these frequent queries I thought I would create some top 10 lists of my favourite things in Toronto. These lists won’t include the typical tourist sights which anyone can Google,…Learn More

Best Small Public Spaces #8 Corktown Commons Clients seeking to immigrate to Canada often ask me why they should choose Toronto. In response to these frequent queries I thought I would create some top 10 lists of my favourite things in Toronto. These lists won’t include the typical tourist sights which anyone can Google, but…Learn More

Best Small Public Spaces #9 St. James Parks – King & Church Clients seeking to immigrate to Canada often ask me why they should choose Toronto. In response to these frequent queries I thought I would create a top 10 list of my favourite things about Toronto. Not the CN Tower or Ripley’s which anyone…Learn More

Best Small Public Spaces #10 Sculpture Garden – King & Church Clients seeking to immigrate to Canada often ask me why they should choose Toronto. In response to these frequent queries I thought I would create a top 10 list of my favourite things about Toronto. Not the CN Tower or Ripley’s which anyone can…Learn More

Now that Donald Trump has become the official Republican candidate for the presidency of the United States, it is time to consider what impact his election might have on Immigration to Canada. 1) Clearly, Trump has committed himself to removing millions of illegal Mexicans from the United States. One would expect some percentage of these immigrants to attempt…Learn More

Introduction of New Law In December 2012 Immigration completely revamped the refugee system. Perhaps the most dramatic change, was to statutorily require that most new refugee claims complete within 60 days of the claimant’s arrival in Canada. This timeline compares with the 1 to 3 year waits claimants faced prior to the introduction of the…Learn More

Understanding the “First Safe Country” Concept and Why it’s Obsolete Until the Syrian refugee crisis, it was accepted by those who practice refugee law that a claimant’s failure to make a claim in the First Safe Country—also known as Forum Shopping—could be interpreted by decision makers as evidence that a claimant lacked a subjective…Learn More

Has Trump’s bluster gotten you interested in Canada? The coming American presidential election has given way to a great deal of interest on the topic of “moving to Canada”. The question of whether this is feasible can only be answered on a case-by-case basis. There are a number of different avenues for immigration to Canada,…Learn More

The RAD has power and sometimes they use it! Today I received a positive decision at the RAD which not only overturned the negative RPD decision but substituted its own positive decision, declaring the claimant a Convention Refugee.

1) Who can sponsor a refugee? a) Sponsorship Agreement Holders (SAH). These are incorporated organizations which have signed sponsorship agreements with Immigration which sets out all the obligations that come with sponsorships. The SAH’s must be located in the area where the refugee will live. A SAH may act as an “umbrella” and enter into…Learn More

The refugee crisis sweeping across Europe has again shone a light on the topic of refugees in Canada. In particular, while many people are aware Canada accepts refugees, there is much confusion surrounding the question about how refugees are accepted and how they make their way to Canada. There are two main systems for…Learn More

Introduction Under present Canadian Immigration Law, Permanent Residents (PR) and Foreign Nationals (FN) can find him or herself inadmissible as a result of various kinds of criminal activity[1]. In this article I intend to briefly deal only with those issues related to offences committed in Canada. I When a criminal lawyer handles the case of…Learn More

Until recently, refugees in Canada have correctly assumed that a positive determination would entitle them to remain in Canada permanently. In fact, until legislative changes in 2012, once a refugee obtained permanent resident status, refugees were guaranteed the right to remain in Canada permanently unless the claimant violated Canadian law, which in some cases resulted…Learn More

On June 20, 2014 the Federal Government announced the much anticipated changes to the Temporary Foreign Worker Program (“TFWP”). In this article we provide a brief overview of the changes as well as some of the areas that still remain uncertain. The New Program a. Wages and Skill Level The Federal Government previously introduced a…Learn More

In February 2014 the government tabled Bill C-24 which proposes a number of significant changes to existing citizenship law. While some changes will work to the advantage of most applicants we are of the view that many permanent residents would be well advised to proceed under the present legislation. 1) Under the present law a…Learn More

In the recent case of Zhen Xiang, 2013, FC 256, lawyers from Levine Associates argued that the Board member had erred by failing to put the claimant on notice, prior to the hearing, that it had concerns about the accuracy of the photograph in the claimant’s Resident Identity Card. The Court noted that the Screening…Learn More

Refugee Reform – One Month Later January 15, 2013 marked the one month anniversary since the government embarked on a radical reform of refugee law in Canada. A common misconception amongst critics of Canada’s refugee system is that the old refugee system was beyond repair and in desperate need of overhaul. They argue wait times…Learn More

Q. I made a refugee claim in 2005 and then was deported and have now returned and wish to make a refugee claim. Am I eligible? A. No. IRPA indicates at s. 101 that a person who has been rejected by the Board previously is not eligible. The section is not limited by time…Learn More

S.SamuelLevine,Immigration Lawyer Recently I have had two different prospective clients attend at my office asking whether I could guarantee the success of their case. In the first case, the client asked whether I could guarantee a victory before the Immigration and Refugee Board. When I advised the client that even if I were of…Learn More

Canada’s new Refugee System: The good the bad and the ugly Introduction: After years of legislative amendments and delays, the government has finally announced a concrete implementation date of December 15, 2012 for Canada’s new refugee system. After that date people entering Canada or people already in Canada who make refugee claims will be subject…Learn More

Article by Lev Abramovich The benefits of a Domestic Contract Levine Associates specializes in Immigration and Family law. In this article we examine domestic contracts and some of the reasons why you should consider having one. Modern life is complex, fast paced and often filled with pressures and stress leaving less time for…Learn More

By most estimates marriage fraud is a serious problem in Canada. [1] There are generally two kinds of marriage fraud the government has been focusing on. The first typically occurs when a Canadian citizen or permanent resident enters into a contractual relationship with a foreign national whereby the person with status agrees to either marry…Learn More

Mr. Justice Zinn has handed down a very clear decision accepting the claimant’s application for Judicial Review. The Court concluded that the Board’s decision was wholly based on a misinterpretation of the CHN42444. Mr. Justice Zinn noted that unlike some of the other cases dealing with the issue of summonses, in the present case…Learn More

October 25, 2012. Immigration and family law firm, Levine Associates is pleased to announce that Lev Abramovich has joined the firm. Lev intends to focus his practise on corporate and litigation immigration as well as family law.

Levine Associates is pleased to announce that we are now offering clients Divorce Opinions. As more and more of our family law clientele are immigrants many have to contend with foreign divorce recognition when they wish to get married in Canada. Our family lawyers now offer Divorce Opinions to facilitate second marriages for people who…Learn More

I recently received an inquiry from a friend worried about relatives in Syria and wondering what steps could be taken to bring their relatives to the safety of Canada. The question is complicated and requires a little background. Most people are unaware of the fact that we have laws which create two distinct refugee systems. …Learn More

A momument now stands to commemorate the Komagata Maru which stands out as one of the earliest examples of a rigid Canadian Immigration policy which denied entry. After remaining at port for months the ship was eventually forced to return to India where upon arrival a conflict with British soldiers resulted in many deaths.

In an interview on CTV Express today Mr. Levine discussed a recent article in the Taiwan Times which reported that a massive smuggling ring was recently discovered operating in Taiwan. The discovery of the ring was a result of an international effort involving authorities from Taiwan, Canada and Australia. The smuggling ring had been sending…Learn More

Facts: Claimant is a Christian and sought protection because of religious persecution in China. The panel accepted the claimant was a genuine Christian but did not accept that he was being sought by the police in China. The panel’s finding in this regard was based upon its finding that the summons tendered by the claimant…Learn More

A refugee claimant was handed a reprieve on his removal from Canada because of an angry blow-up between his lawyer and the immigration judge, a feud betraying such animosity the Federal Court ruled the bewildered client could not have expected an unbiased hearing. The decision raises the spectre of the “automatic disqualification” of judges to…Learn More

Ottawa, June 20, 2012 — The Honourable Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism, introduced legislation today to expedite the removal of foreign criminals from Canada and to enhance the safety and security of Canadians. The Harper Government is putting a stop to foreign criminals relying on endless appeals in order to delay their…Learn More

Ottawa, June 20, 2012 — Canada’s plan to welcome up to 500 more Bhutanese refugees was unveiled today by Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism, as World Refugee Day is celebrated around the world. “In May 2007, the government committed to resettling up to 5,000 Bhutanese refugees who had been living for nearly…Learn More

What is a Humanitarian and Compassionate Application? Immigration terminology is often arcane and complicated and no more so than when I was asked whether I was able to do an “agency” application for a client. After some further questioning I realized that my client had misheard the term “H&C” which when spoken quickly sounds much…Learn More

Question: How long do I have to apply for Permanent Residency after the acceptance of my refugee claim? Answer: Under the current legislation a successful refugee claimant is required to apply for permanent residency status within 180 days of the Board’s positive determination. Immigration’s own materials indicate that the 180 day clock begins when the…Learn More

The notion of who does and doesn’t qualify for refugee status is one many countries grapple with. The formal, internationally recognized, definition of a refugee is set out in the United Nations Convention Relating to the Status of Refugees, which established the rights of people seeking asylum in a country other than their own and…Learn More

The heads of several of Canada’s leading health-care organizations have written a strongly worded letter to the federal immigration minister, urging him to rescind plans to cut health services to refugees and refugee claimants. “We are extremely concerned over the health impacts that this will have on the most vulnerable members of our society, many…Learn More

Given the shocking amount of legislative change, both enacted and proposed by the Harper government over the past number of years I remain both puzzled and amazed that the government has not sought to bring some legislative clarity to the area of Citizenship law in Canada. Some background is necessary in order to understand how…Learn More

The costs associated with processing various applications have changed over time so it is always best to check CIC’s he most current fee schedule. Presently a typical PR application would generally cost $550 for the principal applicant. If the applicant was including a spouse there would be an additional cost of $475.00. Any unmarried children…Learn More

Immigration lawyer Shelley Levine of Levine Associates has succeeded in a Judicial Review application before the Federal Court, to overturn an Immigration and Refugee Board decision which found that there was no evidence of recent persecution of Christians in Guangdong Province. The case is only the most recent instance of the Board’s failure to properly assess…Learn More

Facts: The applicant is a Christian from Guangdong province and fears returning to China for reasons of religious persecution. The panel accepted the applicant was a genuine Christian. The only issue was whether she would face persecution upon return to China. The RPD determined that if the applicant was to return to her home province…Learn More

Immigration and Refugee lawyers at Levine Associates have won another Federal Court case which follows in the footsteps of Wang v. M.C.I. which found that questioning claimants by “way of trivia” is not a fair way to assess religious identity. Shelley Levine argued the case of Wang v. M.C.I. which was prominently reported in the…Learn More

Ottawa, May 9, 2012 — Minister of Citizenship, Immigration, and Multiculturalism Jason Kenney today announced that the Government is proposing amendments to Bill C-31, the Protecting Canada’s Immigration System Act. “Over the past few weeks, I’ve listened to parliamentarians and witnesses,” said Minister Kenney. “We have always said that we were open to amendments that…Learn More

Ottawa, May 10, 2012 — The Government of Canada is expanding its internship program for newcomers to include private sector companies, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today. CGI Group Inc., a leading provider of information technology and business process services, and CIBC, a leading Canadian-based financial institution, will partner with CIC…Learn More

OTTAWA—The Conservative government proposed amendments to a controversial newrefugee bill on Wednesday, but critics say they still have major concerns with the legislation. Immigration Minister Jason Kenney admitted he was prompted to introduce some changes toBill C-31 by months of outrage from refugee advocacy groups and Opposition critics. “I believe it’s not right for the government to…Learn More

Canada refugee board employees who failed an earlier exam to become refugee judges in a revamped asylum system are being given a third chance at the job, the Star has learned. According to an internal memo obtained by the Star, the Immigration and Refugee Board has just launched a third competition to fill the 105…Learn More

Yu Chen v. M.C.I., 2012 FC 510 Facts: The applicant is a 22 year old Christian from Liaoning Province in the PRC and seeks refugee protection. The applicant’s house church was raided. The applicant was given notice of the raid and escaped. After going into hiding the applicant learned that the PSB were looking for…Learn More

Sometimes a day at the IRB can be an exercise in frustration. I attended this morning for a hearing involving a mother and her daughter. The mother speaks Vietnamese and her daughter speaks Mandarin which entailed having two interpreters present to ensure all parties understand the proceedings. After waiting for 20 minutes without the arrival of a Board Member I decided that it was time to investigate.

I have been asked several times how it can be the case that the Balanced Refugee Reform Act (BRRA) which was to be in force in June 2012 can be extended beyond that date. For those of you involved in the refugee field you will recall that the legislation was originally scheduled for implementation in December 2011….Learn More

Ottawa should rethink its plan to ban certain refugees from appeals in light of a new report that suggests asylum outcomes very much depend on which refugee judge presides on the case, says the study’s author. York University law professor Sean Rehaag examined all 34,204 decisions made in 2011 by the 148 refugee judges appointed…Learn More

OTTAWA—The federal government is overhauling Canada’s overloaded and “broken” refugee system to put questionable refugee claimants on a fast-track back to their homelands. Read full article in the Toronto Star

New, tougher reforms to refugee legislation that hasn’t yet come into force are already drawing fire from critics who say they give Canada’s immigration minister too much power and risk the lives of claimants.

Bill C-31, introduced Thursday by Immigration Minister Jason Kenney, toughens the measures taken in the Balanced Refugee Reform Act, a compromise bill passed under a Conservative minority government. That earlier bill has yet to be implemented. It was due to be up and running by June 29.

The task of separating the devout from the fraudsters among those claiming refugee status in Canada for religious persecution cannot be divined by peppering someone with “trivia” questions, the Federal Court has ruled.

The judicial chastising of the way an Immigration and Refugee Board adjudicator tried to ferret out bogus refugees stems from the case of a man who fled China saying he fears persecution for being a Roman Catholic. He was refused because of his answers to questions about Catholic tradition.”

Success at the IRB depends on many factors. For example, different countries have radically different success rates. Claimants coming from “refugee producing countries” such as a Afghanistan or Somalia would naturally have much higher rates of success than claimants from countries such as the U.S. or Europeon countries which typically have human rights records similar…Learn More

Upon receiving a positive determination at the Refugee Board, you are generally, with certain limited exceptions, entitled to apply for Permanent Residence. Such applications must be made within 180 days of being notified of your positive decision. Once you obtain your status as a Permanent Resident you must maintain your residence in Canada for 3 of the prior 4 years in order to be eligible to apply for Canadian Citizenship.

Claims may be made either at a POE (point of entry) upon arrival in Canada or inland at a designated CIC office. Board Members may draw negative inference where there has been significant delay from the time of the claimant’s arrival in Canada to the time of an inland claim is made.

There are presently no bars against making refugee claims in Canada if you have previously claimed refugee status in the U.S. However, if you claimed in the U.S. and you were sucessful resulting in U.S. status, such status would exclude you from the provisions of the Immigration and Refugee Protection Act.

Application by Wang for judicial review of a decision by the Refugee Protection Division of the Immigration and Refugee Board refusing his application for refugee or protection status. The applicant was a recent convert to Christianity. He attended an underground church that was raided by the P.S.B. The applicant went into hiding during which time the PSB visited his home and left a summons with his wife. The applicant fled to Canada using a fraudulent passport and claimed refugee protection.

Wang feared that if returned he would be unable to practice his Roman Catholic religion freely. The panel found Wang was never a genuine practicing Roman Catholic, and his level of religious knowledge was below what would be expected for three years of practice.

Application allowed. The Board’s finding that the claimant’s story was “too fortuitous to be true” was not reasonable The fact that a summons was not left for the claimant was corroborated by the documentation which indicates that the practice of issuing summons is inconsistent. The Board’s finding that the claimant could practise at a state sanctioned…Learn More

Panel determined the applicant was not a Convention Refugee because she could return to China and practise her religion a state church without any doctrinal constraint on the practice as a genuine Christian.

The panel found that the claimant’s fear of religious persecution was not credible in light of the lack of objective documentation corroborating that church raids in China occur. The Court overturned the panel’s decision because the panel failed to make a clear finding of fact that the claimant’s house church was not raided.

(Given orally from the bench and subsequently written for clarification and precision) [1] This is an application for judicial review of the March 2, 2005 decision of the Refugee Protection Division of the Immigration and Refugee Board (the ABoard@) where the Applicant was held to be neither a…Learn More

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